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(영문) 서울동부지방법원 2015.05.15 2015노193
업무방해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal: The punishment of the lower court (the first instance judgment: imprisonment of one year and six months, and the second instance judgment: imprisonment of eight months) is too unreasonable; and

2. Prior to the judgment on the grounds for appeal by the defendant, each appeal case against each judgment of the court below against each judgment of the court below was consolidated. Each crime of each judgment of the court below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, which constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be adjudicated concurrently in accordance with Article 38 of the Criminal Act and sentenced to a single punishment. In this regard, each of the judgment of

3. Therefore, each court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above grounds for reversal of authority. It is so decided as follows, without proceeding to decide on the assertion of unfair sentencing.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 366 of the Criminal Act, Article 257(1) of the Criminal Act, Article 311 of the Criminal Act, the choice of punishment for the crime: Imprisonment with prison labor for each option;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The range of recommendations for crimes of fraud and bodily injury to which the sentencing guidelines apply: the range of recommendations for crimes of types 1 (Fraud) [the range of recommendations] and the range of final sentences due to the aggravation of minor injuries (1 and 4) by multiple crimes (1) and the mitigated area (1 to 2 years and 6 months) of Category 1 (100 million won or less) [the scope of recommendations] and the aggravated area (1) of the same repeated crimes of the same kind [the range of recommendations]] and the mitigated area (2 months to 1 year), and the mitigated area (2 months and 1 year), respectively; one year to 3 years;

2. Specific sentence;

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